v^m 



f 



ACTS AND JOINT RESOLUTIONS, 






RELATING TO 



feDTJC^TIOlSr, 



PASSED BY THE 



GENERAL ASSEMBLY 



OF THE 



STATE OF SOUTH CAROLINA, 



COLUMBIA, a C: 

JOHN W. DENNY, PRINTER TO THE STATE. 

1870 



ACTS AND JOINT RESOLUTIONS, 



RELATING TO 



EDXJC^TIO]Nr. 



PASSED BY THE 



GE:tTERA.L i^SSEMBLY 



OF THE 



STATE OP SOUTH CAROLIM. t 



Cx,."s^j"** 



COLUMBIA, S. C: 

JOHN W. DENNY, PRINTER TO THE STATE. 

1870. 



s 






ACTS. &c. 



AN ACT TO Provide for the Temporary Organization of the 
Educational Department of the State, 

Section 1. Be it enacted by tlie Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same, The State Superintendent of Educa- 
tion, elected at the election held on the 14th, 15th and 16th days of 
April, 1868, shall continue in ofBce for the term of four years. Before 
entering upon the duties of his office he shall give a bond in the sum of 
five thousand dollars ($5,000,) to the acceptance of the Governor of the 
State, conditioned that he will truly account for and apply all moneys or 
other property which may come into his hands in his official capacity for 
the benefit of common schools, and that he will faithfully perform the 
duties enjoined upon him according to law. He shall receive as compen- 
sation for his services the sum of two thousand five hundred (2,500) 
dollars per annum, payable as the salaries of all other State officers are 
paid. He shall also receive his actual cost of transportation Avhen travel- 
ing upon public business. 

Sec. 2. The State Superintendent of Education shall open an office, 
to be provided by the State at the seat of Government, in which the 
books and papers of his department shall be kept, and in which he shall 
give attendance Avhen not absent on public business. All the records, 
books and papers of his department shall be kept with accuracy and sys- 
tem, and shall be open at all times to the inspection of the Governor of 
the State, or of such other persons as the Governor may delegate to per- 
form that duty. 

Sec. 3. Immediately after this Act becomes a law, it shall be the duty 
of the State Superintendent of Education to provide, through the School 
Commissioner of each County, for the enumeration of all the unmarried 
youth of the State, between the ages of five and eighteen years, classify- 
ing them as colored and white, male and female, and he shall report the 
same through the Governor of the State to the General Assembly at its 
next regular session. 

Sec. 4. The School Commissioner of each County shall, as soon as this 
Act becomes a law, proceed, under the direction of the State Superin- 
tendent of Education, to make an enumei-ation of the youth of his 
County, as provided for in Section 3 of this Act ; and if before said 
enumeration is completed his County shall have been divided into town- 
ships by Act of the General Assembly, it shall be his duty to state in his 
report to the State Superintendent of Education the school population of 
each township, as well as the total number of youth in his County. 

Sec 5. The School Commissioner for Charleston County shall, in mak- 
ing his return to the State Superintendent of Education, give the school 
population of each ward in the city of Charleston. 



Sec. 6. The Scliool Commissioner for each County shall report to the 
State Superintendent of Education the number of public schools existing 
in his County, the number of pupils attending said schools, classified as 
colored and white, male and female. He will also state by whom said 
schools are supported, the number of school-houses, their condition, and 
by whom they are owned. The County School Commissioner shall make 
this report at the same time he makes his return to the State Superinten- 
dent of Education of the enumeration required in Section 4 of this Act, 
It shall be the duty of the State Superintendent of Education to consoli- 
date the reports received from the County School Commissioners, and 
to forward them to the General Assembly at its next regular session. 

Sec. 7. The School Commissioner ol each County shall receive as com- 
pensation for his services a per diem of four dollars for each day actually 
employed in the performance of the duties prescribed in this Act, together 
with the necessary cost of transportation : Provided, That no account of 
any County School Commissioner for services rendered shall be paid until 
the said Commissioner shall have certified, under oath or affirmation, 
that said account is just, and that it was incurred in the actual perform- 
ance of his duties as School Commissioner. 

Sec. 8. The Governor of the State is hereby authorized to employ 
such assistance as may be needed in the several Counties in making the 
aforesaid enumeration : Provided, That no person so employed shall re- 
ceive more than two and one-half dollars per day for his services : And 
provided, further, That no account of any person so employed shall be paid 
unless its correctness is certified, underoath or affirmation, by the School 
Commissioner of the County in which such person is employed. 

Sec. 9. The State Superintendent of Education and County School 
Commissioners shall, in addition to the duties prescribed in this Act, per- 
form such other duties as may hereafter be prescribed by law. 

Approved September 16, 1868. 



JOINT RESOLUTION 

Authorizing the State Treasurer to Apportion to the several Counties the 
Appropriation of ^25,000, Authorized in General Order No. 139, o/ 
December 3dl, 1861, Headquarters Second Military District, for the 
Support of Free Schools, same to be paid over to the respective County 
Treasurers, in order to px^y Claims of Teachers. 

Be it resolved by the Senate and House of Representatives of the 
State of South Carolina, now met and sitting in General Assembly, and 
by the authority of the same. That the State Treasurer be, and he is 
hereby, authorized to apportion to the several Counties of the State, 
according to the number of their Representatives in the lower branch of 
the General Assembly, the appropriation of twenty-five thousand dollars, 
authorized in General Order No. 139, issued by General Canby, and 
bearing date December od, 1867, for the support of free schools, and to 
pay over the amount each County may be entitled to under said appor- 
tionment, to the Treasurer thereof, who shall be, and is hereby, em- 



powered to pay tlie claims of all teachers for services rendered in his 
County during the year commencing October 31st, 1867, in accordance 
with the provisions of the aforesaid General Order, after said claims 
shall have been certified by the School Commissioner of said County, and 
approved by the State Superintendent of Education : Provided, That all 
such claims shall be presented for payment on or before the thirtieth day 
of June, A. D. 1869 ; and provided further. That if in any County the 
amount of claims presented shall be in excess of the amount of money 
apportioned to said County, said claims shall be paid ^ro rata. 
Approved March 26, 1869. 



JOINT RESOLUTION 

To Extend the Time in which Claims of Teachers for Services Rendered 
During the Year commencing October Zlst, 1867, shall he Presented for 
Payment. 

Whereas, by the provisions of Joint Resolution No. 16, entitled " Joint 
Resolution authorizing the State Treasurer to apportion to the several 
Counties the appropriation of $25,000 authorized in General Order No. 
139, of December 3d, 1867, Headquarters Second Military District, for 
the support of Free Schools, same to be paid over to the respective 
County Treasurers, in order to pay claims of teachers, passed by the 
General Assembly of the State oi South Carolina at the Regular Session 
of 1868-69, and ap|)roved March 26th, 1869, it was prescribed that all 
claims of teachers for services rendered during the year commencing 
October 31st, 1867, should be presented for payment on or before the 
30th day of June, A. D. 1869 ; and whereas, in divers Counties, by rea- 
son of a misunderstanding of the law on the part of teachers and 
County School Commissioners, said claims were not presented for pay- 
ment within the time specified by the aforesaid Joint Resolution No. 16 ; 
therefore. 

Be it resolved by the Senate and House of Representatives of the 
State of South Carolina, now met and sitting in General Assembly, and 
by the authority of the same. That the time within which the claims of 
teachers for services rendered during the year commencing October 31st, 
1867, shall be presented for payment, be, and the same is hereby, ex- 
tended to the First day of May, A. D. 1870. 

In the Senate House the thirty-first day of January, in the year 
of our Lord one thousand eight hundred and seventy. 

CHAS. W. MONTGOMERY, President jsro tern, of the Senate, 
FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 

Approved the 3d day of February, 1870. 

ROBERT K. SCOTT, Governor. 



AN ACT TO Establish and Maintain a System op Free Common 
Schools for the State of South Carolina. 

Section 1. Be it enactedhj the Senate and House of Representatives of 
the State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same : 

State Board of Education. 

That the State Board of Education shall consist of the several County 
School Commissioners and the State Superintendent of Education, who 
shall be ex officio Chairman of the Board, and who shall be entitled to 
vote on all questions submitted to the Board. The Boai'd may elect one 
of its members as Secretary. 

Sec. 2. That the State Board of Education shall hold its first meeting 
at the Capital of the State on the second Wednesday after the approval of 
this Act, and shall thereafter meet on the first AVednesday iu October 
of every year at the Capital of the State, and at such other times and 
places as the State Superintendent of Education shall direct. The mem- 
bers of the Board shall be entitled to receive a mileage at the rate of 
twenty (20) cents per mile, going to and returning from the meetings of 
the Board aforesaid, to be paid by the State Treasurer on presenta- 
tion of a certificate signed by the Chairman and Secretary of the Board. 

Sec. 3. That, for the purpose of procuring an uniform system of text- 
books, to be used in the common and public schools throughout the State, 
there shall be a Commission of five appointed, to consist of His Excel- 
lency the Governor, who shall be ex officio Chairman ; the Chairmen of 
the Committee on Education of the Senate and House of Representatives ; 
and, for the purpose of selecting the other two members, the Senate shall, 
by a majority of votes, appoint one, and the House of Representatives 
shall, in like manner, select the other : Provided, That the Commission, 
having decided upon a list of text-books, such list shall not be subject to 
amendment or change until the first of January, 1873, unless authority 
be granted to the Commission, by Act of the General Assembly, to 
amend or change the list aforesaid : And provided, further. That the 
Commission shall decide upon a list of text-books to be used in the com- 
mon and public schools throughout the State, and shall furnish the same 
to the Board of Education at its first session. The meetings of the State 
Board of Education shall be held for the purpose of considering such 
matters as may be deemed necessary, and of taking such action as may 
advance the catise of common school education in this State. 

Sec. 4. Books shall be furnished to the pupils in the public and com- 
mon schools of this State at ten per cent, above their cost to the State ; 
and, in all cases where the parents neglect or refuse to furnish their chil- 
dren, attending such schools, with suitable books, the Trustees of the 
several school districts are hereby authorized to furnish the same gratu- 
itously to such pupils as they may be satisfied are unable to pay for them ; 
but in all other cases they shall furnish books to the pupils who have 
failed to purchase books, and certify the cost of the same, with the name 
of the person against whom they are charged, to the Assessor within 
whose district such school district may be situated at the time when the 
annual assessment of property is made ; and it shall be the duty of said 



Assessor to return the amount, so certified, to the Auditor of his County, 
whose duty it shall be to place the same upon the County duplicate, and 
cause it to be collected at the same time and in the same manner that 
State and County taxes are collected. 

Sec. 5. That the State Board of Education shall take and hold in 
trust, for the State, any grant or devise of lands, and any gift or bequest 
of money, or other personal property, made to it for educational purpo- 
ses, and shall pay into the State Treasury, for safe-keeping and invest- 
ment, all moneys and incomes from property so received. The State 
Treasurer shall, from time to time, invest all such money in the name of 
the State, and shall pay to the State Board of Education, on the warrant 
of the Governor, the income or principal thereof, as it shall, from time 
to time, require : Provided, That no disposition shall be made of any 
grant, devise, gift or bequest inconsistent with the conditions or terms 
thereof. For the faithful management of all property so received by the 
State Treasurer, he shall be responsible, upon his bond, to the State, as 
for other funds received by him in his ofiicial capacity : Provided, how- 
ever. That the Trustees of any School District of this State may take and 
hold in trust, for their particular School District, any grant or devise of 
lands, and any gift or bequest of money, and apply the same in the inte- 
rest of the schools of their District, in such manner as in their judgment 
seems most conducive to the welfare of the schools, when not otherwise 
directed by the terms of the said grant, or devise, gift or bequest : And 
provided, further. That before said Trustees shall assume control of any 
such grant, devise or bequest, they shall give a bond, to be approved of 
by the School Commissioner of the County in which such grant, devise or 
bequest is made, said bond to be deposited with Clerk of the Court 
of said County, 

State Superintendent of Education. 

Sec. 6. That the present State Superintendent of Education shall con- 
tinue in office until the election and qualification of his successor. At the 
general election in 1872, and every four years thereafter, a State Super- 
intendent of Education shall be elected, in the same manner as other 
State officers, who shall enter upon the duties of his office on the first day 
of January succeeding his election. 

Sec. 7. That he shall, before entering upon the duties of his office, give 
bond, for the use of the State of South Carolina, in the penal sum of five 
thousand (5,000) dollars, with good and sufficient sureties, to be approved 
by the Governor, conditioned for the faithful and impartial performance 
of the duties of his office ; and he shall, also, at the time of giving bond, 
take and subscribe the oath prescribed in Section 30 of Article II of the 
Constitution of the State, which oath shall be endorsed upon the back of 
said bond, and the bond shall be filed with, and preserved by, the Secre- 
tary of State. 

Sec. 8. That the State Superintendent of Education shall receive, as 
compensation for his services, the sum of two thousand five hundred 
(2,500) dollars per annum, together with his actual cost of transportation 
when traveling on public business, payable quarter-yearly out of the State 
Treasury. 

Sec. 9. That he shall have generval supervision over all the common and 



8 

public schools of the State, and it shall be his duty, as far as practicable, 
to visit every County in the State, for the purpose of inspecting the 
schools, awakening an interest favorable to the cause of education, and 
diffusing as widely as possible, by public addresses and personal com- 
munication with school officers, teachers and parents, a knowledge of 
existing defects, and of desirable improvements in the government and 
instruction of the schools. 

Sec. 10. That he shall secure uniformity in the use of text books 
throughout the common and public schools of the State, and shall forbid 
the use of sectarian or partisan books and instruction in the schools. 

Sec. 11. That he shall prepare and transmit to the several County 
School Commissioners, school registers, blank certificates, reports, and 
such other suitable blanks, forms and printed instructions as may be 
necessary to aid school officers and teachers in making their reports and 
carrying into full effect the various provisions of the school laws of this 
State ; and shall cause the laws relating to common schools, with such 
rules, regulations, forms and instructions as shall be prescribed by the 
Board of Education, to be printed, together with a suitable index, in 
pamphlet form, by the person authorized to do the State printing, at the 
expense of the State ; and he shall cause copies of the same to be trans- 
mitted to the several County School Commissioners for distribution. 

Sec 12. That it shall be the duty of the State Superintendent of 
Education to collect, in his office, such school books, apparatus, maps and 
charts as can be obtained without expense to the State ; and also to pur- 
chase, at an expense not exceeding fifty dollars a year, rare and valuable 
works on education, for the benefit of teachers, authors and others who 
may wish to consult them ; and the said sum is hereby annually appro- 
priated for this purpose out of any moneys in the State Treasury not 
otherwise appropriated. 

Sec. 13. That copies of all papers filed in the office of the State 
Superintendent of Education and his official acts may be certified by him, 
and, when so certified, shall be evidence equally and in like manner as the 
original papers. 

Sec. 14. That the State Superintendent of Education shall submit, in 
his annual report, a statement of his official visits during the past year. 

Sec, 15. That he shall make a report, through the Governor, to the 
General Assembly, at each regular session thereof, showing : 

1st. The number of persons between the ages of six (6) and sixteen 
(16) years, inclusive, residing in the State on the first day of the last 
preceding October. 

2d. The number of such persons in each County. 

3d. The number of each sex. 

4th. The number of white. 

6th. The number of colored. 

6th. The whole number of persons that attended the free common 
schools of the State during the year ending the thirtieth day of the last 
preceding September, and the number in each County that attended du- 
ring the same period. 

7th. The number of whites of each sex that attended, and the number 
of colored of each sex that attended the said schools. 

8th. The number of common schools in the State. 



9 

9tli. The number of pupils that studied each of the branches taught. 

lOth. The average wages paid to teachers of each sex. '' 

11th. The number of school houses erected during the year, and the 
location, material and cost thereof. 

12th. The number previously erected, the material of their construc- 
tion, their condition and value, and the number with their grounds en- 
closed. 

13th. The Counties in which teachers' institutes were held, and the num- 
ber that attended the institutes in each County. 

14th. Such other statistical information as he may deem important, to- 
gether with such plans as he may have matured, and the State Board 
of Education may have recommended for the management and improve- 
ment of the school fund, and for the more perfect organization and effi- 
ciency of the common schools. 

Sec. 16. That he shall have power to examine all persons who may 
make application to him, as to their qualification for teaching school in 
this State ; and that to all persons of good moral character who pass a 
satisfactory examination he shall issue a certificate of qualification for 
teaching school in the State of South Carolina ; which certificate shall 
authorize the person to whom it is given to teach in any of the common 
schools of this State, in which his or her services may be desired by the 
Trustees of the school in which he or she may make application to teach, 
without any further evidence of qualification. Said certificate shall be 
valid for the term of two (2) years, unless sooner revoked. 

Sec 17. That he shall annually, on the first day of November, or as 
soon as practicable thereafter, apportion the income of the State school 
fund, and the annual taxes collected by the State for the support of 
schools, among the several school districts of the State, in proportion to 
the respective number of pupils attending the public schools, and he shall 
certify such apportionment to the State Treasurer. He shall also certify 
to the Treasurer and School Commissioner of each County the amount 
apportioned to their County, and he shall draw his orders on the State 
Treasurer in favor of the County Treasurer of each County for the 
amount apportioned to said County. 

Sec 18. That there is hereby appropriated, out of any money in the 
State Treasury not otherwise appropriated, the sum of eight hundred 
(800) dollars annually, to the State Superintendent of Education, for the 
purpose of defraying the expenses of clerk hire in the office of said State 
Superintendent of Education ; said sum to be drawn quarterly by him, and 
to be disbursed by the said State Superintendent for the purpose herein 
named : Provided, That the said sum of eight hundred (800) dollars 
shall be in full for the annual payment of all clerk hire of said Depart- 
ment. 

Sec. 19. That the State Superintendent of Education shall discharge 
such other duties as may be provided by law ; and he shall deliver to his 
successor, within ten days after the expiration of his term of office, all 
books, papers, documents and other property belonging to his office. 

Sec. 20. That, in case of vacancy in the office of State Superintendent 
of Education, the Governor shall appoint, with the advice and consent 
of the Senate, a person to fill such vacancy, who shall qualify within 
fifteen days after his appointment, and shall continue in office until the 
next ensuing general election, when a person shall be elected to fill the 



10 

unexpired term ; and sliould the person so appointed fail to qualify with- 
in the time specified, such failure shall create a vacancy. 

County School Commissioners. 

Sec. 21. That the present County School Commissioners shall continue 
in office until their successors are elected and qualified. There shall be 
elected in each County, at the general election in October, A. D. 1870, 
and at the general election every two years thereafter, a School Com- 
missioner, who shall hold his office until his successor is elected and qual- 
ified. 

Sec. 22. That on the first day of January next succeeding the date of 
his election, he shall take and subscribe the oath of office prescribed in 
Section 30, Article II, of the Constitution of this State, which oath he 
shall file in the office of the Clerk of the Court of the County in which 
he was elected, and shall immediately enter upon the discharge of his 
duties ; and upon his failure so to do, or if for any other cause there 
should be a vacancy in the office, the Governor shall appoint a person 
to fill such vacancy, who shall qualify within fifteen days after his ap- 
pointment, and shall continue in office until the time prescribed for filling 
said office by election, as herein provided ; and should the person so ap- 
pointed fail to qualify within the time specified, such failure shall create 
a vacancy. 

Sec. 23. That he shall have the general supervision of all the common 
and public schools in his County. He shall visit each school in the 
County at least once each regular term thereof, counsel with and encour- 
age Trustees and teachers, see that the common school law is properly 
enforced, and do whatever may promote the cause of education in the 
County. 

Sec. 24. That it shall be his duty to see that in every school under his 
care there shall be taught, as far as practicable, orthography, reading, 
writing, arithmetic, geography, English grammar, history of the United 
States, the principles of the Constitution and Laws of the United States 
and of this State, and good behavior. 

Sec. 25. He shall, on or before the first day of October in each year, 
forward to the State Superintendent of Education an extended report, 
containing an abstract of the reports made to him by the various school 
officers and teachers in his County, and showing the condition of the 
schools under his charge, suggesting such improvements in the school 
system as he may deem useful, and giving such other information in 
regard to the practical operation of the common schools, and laws re- 
lating thereto, as may be deemed of public interest. He shall also in- 
clude, in his report, such other matters as he shall be directed to report 
by the State Superintendent of Education. 

Sec. 26. That should he fail to make the report required in the pre- 
ceding Section, he shall forfeit to the school fund of his County the sum 
of fifty (50) dollars, and shall, besides, be liable for all damages caused 
by such neglect. 

Sec 27. That he shall, at all times, conform to the instructions of the 
State Superintendent of Education, as to matters within the jurisdiction 
of said State Superintendent. He shall serve as the organ of communi- 
cation between the said State Superintendent and school authorities. He 



11 

shall transmit to school officers, or teachers, all blanks, circulars, and 
other communications which are to them directed. 

Sec. 28. That each County School Commissioner shall receive as com- 
pensation for his services, including expenses of transportation within his 
County, an annual salary of one thousand (1,000) dollars, exceptthe County 
of Charleston, in which County he shall receive an annual salary of fifteen 
hundred (1,500) dollars, payable quarterly by the State Treasurer. 

County Board of Examiners. 

Sec. 29. That the County Commissioners of the several Counties shall 
furnish the School Commissioners of their respective Counties with an 
office and the necessary office furniture. 

Sec. 30. That it shall be the duty of each County School Commis- 
sioner, immediately after the passage of this Act, to divide his County 
into convenient School Districts, for all purposes connected with the 
general interest of education, and re-district the same, whenevei', in his 
judgment, the general good requires it. Each District shall be confined 
to the management and control of the Board of School Trustees herein- 
after provided for, who shall hold their office for two years, and until 
their successors are elected and qualified. 

Sec. 31. It shall be the duty' of the School Commissioner of each 
County to select two suitable and discreet persons, who, together with 
himself, shall constitute a Board of Examiners, whose duty it shall be to 
examine all candidates for the profession of teacher, and to give such 
persons as are found qualified a certificate setting forth the branches of 
learning he or she may be found capable of teaching ; such examination 
to be renewed every year. No teacher shall be employed in any of the 
common or public schools without a certificate from the Board of Ex^ 
aminers or the State Superintendent ; but certificates furnished by the 
Board of Examiners shall be valid only in the Counties where issued. 
A majority of the County Board of Examiners shall have power, for 
good and sufficient reasons, to cancel any certificate issued by them before 
the expiration of the time for which said certificate was granted. 

Sec. 32. That the Board of County School Examiners shall meet at 
least twice a year, at such places, and at such times, as the County School 
Commissioner shall appoint ; that the County School Commissioner shall 
be Chairman and Clerk of the Board, and shall keep a fair record of their 
proceedings, and a register of the name, age, sex, color, residence and 
date of certificate of each person to whom certificate is issued, and in 
case a certificate be cancelled, shall make a proper entry of the same. 

Sec. 33. That it shall be the duty of the County Board of School Ex- 
aminers, at their first meeting, to order, in and for each and every school 
district in their County, an election for a Board of three (3) School Trus- 
tees, whose duties shall be as hereinafter prescribed. The said County 
Board shall also have power to fill, by appointment, all vacancies which 
may occur in the respective School District Boards of School Trustees in 
their County. 

ScJiool Districts and Trustees, 

Sec. 34. For the purpose of conducting the election provided for in the 



12 

foregoing Section, a public meeting of tlie voters of eacli scliool district 
shall be called by order of the County Board of Examiners ; said meet- 
ing shall be presided over by one member of said Board of Examiners, 
or a person by them appointed ; shall appoint a Secretary, who shall keep 
a fair record of its proceedings, to be deposited with the County School 
Commissioner, and shall then proceed to elect three persons, resident in 
the said school district, to serve as School Trustees for one year : Pro- 
vided, That fifteen days' notice shall be given of every such public raeet- 

Sec. 35 That the said Trustees, within fifteen (15) days after their ap- 
pointment or election, shall take an oath or aflirmation faithfully and 
impartially to discharge the duties of their office, which oath the mem- 
bers are authorized to adm_i ulster to each other. 

Sec. 36. That it shall be the duty of the said Trustees, any two of 
whom shall constitute a quorum, to meet as soon as practicable after 
having been appointed or elected and qualified, at such place as may be 
most convenient in the district, and organize by appointing one of their 
number Clerk of the Board, who shall preside at the ofiicial meetings of 
the Trustees, and shall record their proceedings in a book provided for 
that purpose: Provided, That each member of the Board shall be 
duly notified of such meetings by the School Commissioners of the 
County. 

Sec. 87. That it shall be the duty of the Trustees in each school dis- 
trict to take the management and control of the local educational inter- 
ests of the same, subject to the supervision of the County School Commis- 
sioner, and to visit the school at least twice in every month during the 
school term. 

Sec. 38. That it shall be the duty of the Trustees in the several school 
districts to make, or cause to be made, annuallj^, in each school district, 
by the first day of September, an enumeration of all the children between 
the ages of six (6) and sixteen (16) years, resident within such school dis- 
trict, distinguishing between male and female, white and colored ; and the 
Clerk of said Board of Trustees shall return to the County School Com- 
missioner a duplicate report of the same : Provided, That in case the 
enumeration of scholastic population of any school district is not made, 
as provided for in this Act, by that time, the County Board of School 
Examiners is herewith authorized to appoint new Trustees for such school 
district, unless for good and sufiicient cause the Trustees have failed to 
act. 

Sec. 39. It shall be the duty of the Board of Trustees to hold a regu- 
lar session in their School District at least two weeks before the com- 
mencement of any or every school term, for the transaction of any and all 
business necessary to the prosperity of the school, with power to ad- 
journ from time to time, and to hold special meetings at any time or 
place. 

Sec. 40. That the Board of Trustees shall have power to establish and 
make all arrangements for the common schools of districts, paying due 
regard to any school-house already built or site procured, as well as to all 
other circumstances proper to be considered, so as to best promote the 
educational interest of their district : Provided, That if said Board of 
Trustees shall fail to establish schools and build school-houses, when and 
where the necessities of the people require them, it shall be the duty of 



13 

the County School Commissioner, and he shall have the power, to estab- 
lish and build the same at the expense of the school fund of such School 
District. They shall employ teachers from among those having certifi- 
cates, and discharge the same when good and sufficient reasons for so do- 
ing present themselves ; but they shall employ no person to teach in any 
of the schools under their supervision unless such person shall hold, at 
the time of commencing his or her school, a certificate to teach, granted 
by the County Board of School Examiners, or by the State Superinten- 
dent of Education. 

Sec, 41. That should the Board of Trustees be unable otherwise to pro- 
cure sites for school houses, they are hereby authorized to appoint a jury 
of view of five legal voters of the County, who shall locate said site as 
the public interest may require ; but, except in a city, town or village, 
said site shall not be located within two hundred yards of the dwelling 
of the owner of the land taken for said site without his consent, given in 
writing. The said jury shall assess the value of the same, and report 
their action to the Board of Trustees, who shall secure the title and pay 
for the site, as decided by the jury of view, out of any moneys available 
for that purpose. 

Sec. 42. That when it shall so happen that persons are so situated as 
to be better accommodated at the school of any adjoining School District, 
or whenever it may be desirable to establish a school composed of parts 
of two or more School Districts, it shall be the duty of the respective 
Boards of Trustees of the School Districts in which such persons reside, 
or in which such schools may be situated, or of the School Districts, or 
the parts of which the school is to be composed, to transfer such pei'sons 
for education to the School District in which such school house is or 
may be located ; but the enumeration of scholars shall be taken in each 
District as if no such transfer had been made ; and such school, when so 
composed, shall be supported from the school funds of the respective 
School Districts from which the scholars may have been transferred. 

Sec. 43. That the school year shall commence on the first Monday of 
October, and close on the last Friday of June in each year ; but the 
County School Commissioner shall have power to limit the school year 
according to the school fund apportioned to his County. 

Sec. 44. That it shall be the duty of each school teacher to make out 
and file with the Clerk of the Board of Trustees, at the expiration of 
each school month, a full and complete report of the whole number of 
scholars admitted to the school during each month, distinguishing 
between male and female, the average attendance, the branches taught, 
the number of pupils engaged in each of said branches, and such other 
statistics as he or she may be required to make by the County School 
Commissioner ; and until such report shall have been certified and filed 
by the said teacher, as aforesaid, it shall be the duty of said Board of 
Trustees to require the same, and forward to the County School Commis- 
sioner, before said teacher can draw pay for his or her services. 

Sec. 45. That the State Superintendent of Education, or any County 
School Commissioner, or School District Board of Trustees, may receive, 
in behalf of the State Board of Education, any gift, grant, donation or 
devise of any school house, or site for a school house, or library for the 
use of any school or schools, or other school purposes within the State, 
and are hereby invested with the care and custody of all school houses, 



14 

sites, or other property belonging to the State Board of Education within 
the limits of their jurisdiction, with full powers to control the same in 
such manner as they may think will best subserve the interests of com- 
mon schools and the cause of education, subject to the control of the 
State Board of Education. 

Charleston City Board of /School Commissioners 

Sec. 46, That it shall be the duty of the School Commissioner of 
Charlestqn County to organize, in all those Districts outside of the city of 
Charleston, formerly known as Parishes, a suitable number of schools, as 
soon as practicable after the passage of this Act. He shall visit said 
schools not less than twice during each year, and shall perform such 
other duties as are prescribed for County School Commissioners in this 
Act. Upon failure or neglect to discharge the duties imposed upon him 
by this Section, when reported to the State Superintendent of Education, 
the said State Superintendent is hereby empowered to take such measures 
as, in his judgment, may be necessary to enforce a faithful performance 
of duty on the part of said School Commissioner. 

Sec. 47. That the School Commissioner of Charleston County, in con- 
junction with one suitable and discreet person from each ward in the city 
of Charleston, to be appointed by the Governor, shall constitute the 
Charleston City Board of School Commissioners, and who shall continue 
in office until their successors are elected and qualified. The School 
Commissioner of Charlesston County shall be ex officio Chairman of the 
said Board, and may assemble the members thereof any time at his dis- 
cretion. They (the Board) may appoint one of their number Clerk of 
the said Board. The powers and duties of the Board aforesaid shall be 
the same as those of the Board of School Trustees of the several School 
Districts. ' 

Sec. 48. That at the next regular municipal election held in the City 
of Charleston, and at every regular municipal election thereafter, one 
School Commissioner shall be elected by the legal votes of each ward, 
who shall continue in office until his successor is elected and qualified. 

Sec. 49. That all Acts or parts of Acts inconsistent with this Act, or 
supplied by it, are hereby repealed. 

Sec. 50. That this Act shall take eifect from its passage. 

Approved February 16, 1870. 



AN ACT TO Provide for the Payment of Claims of Teachers, for 
Services Rendered During the Fiscal Year Commencing No- 
vember 1st, a. D. 1868, AND Ending October 31st, A. D. 1869. 

Section 1. Be it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same. That the State Treasurer be, and he is 
hereby, authorized and instructed to pay, out of the funds appropriated 
for the support of free schools, for the fiscal year commencing November 
1st, A. D. 1868, and ending October 31st, A. D. 1869, (consisting of fifty 
thousand (50,000) dollars, in addition to the amount raised by the capi- 



15 

tation tax,) the claims of teachers, for services rendered during tlie year 
aforesaid, at the rate of five (5) cents per day for each scholar's actual 
attendance. 

Sec. 2. That the claims aforesaid shall be made out on printed blanks 
to be prepared by the State Superintendent of Education, and furnished 
by him to the County School Commissioner of each of the several Coun- 
ties of this State. He may also prepare and forward to the several 
County School Commissioners such printed instructions in regard to the 
said claims as he may deem necessary. 

Sec. 3. That each and every claim of the nature aforesaid shall be 
sworn to and subscribed before a Magistrate or other officer legally qual- 
ified to administer oaths. 

Sec. 4. That no such claim shall be paid until the same shall have 
been certified to as correct and just by the School Commissioner of the 
County in which the services were rendered, and audited by the State Su- 
perintendent of Education, who, if he approve the same, shall draw his 
order on the State Treasurer for the payment thereof, and shall take re- 
ceipt for said order, in duplicate, one to be placed on file in his office, 
and the other to be sent to the office of the Comptroller-General of this 
State. 

Sec. 5. That all claims of teachers for services rendered during the 
year hereinbefore mentioned shall be forwarded to the office of State Su- 
perintendent of Education within ninety (90) days after the approval of 
this Act. 

Sec. 6. That if any person shall make out or swear to a false or fraud- 
ulent claim of the nature hereinbefore described, such person shall, on 
conviction thereof, be fined in a sum not less than twice the amount of 
such false or fraudulent claim, which fine shall be applied for the support 
of schools. 

Sec. 7. That such sum as shall remain of the fund appropriated for 
the fiscal year commencing November 1st, A. D. 1868, and ending Oc- 
tober 81st, A. D. 1869, for the support of free schools, after the payment 
of the claims described in this Act, shall be applied for the support of 
free schools for the fiscal year commencing November 1st, A. D. 1869. 

Approved February 24, 1870. 



an act to determine the time when the salaries of county 
School Commissioners shall commence, and to Fix the Date 
OF the First Meeting of the State Board of Education. 

Section 1. Beit enacted by the Senate and House of Eepresentatives 
of the State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same. That the salaries of the several County 
School Commissioners shall commence on the 1st day of November, 
A. D. 1869. 

Sec. 2. That the State Board of Education shall hold its first meet- 
ing on Wednesday, the 16th day of March, A, D. 1870. 

Sec. 3. That all Acts or parts of Acts inconsistent with this Act be, 
and the same are hereby, repealed. 

Sec. 4. That this Act shall take effect immediately. 

Approved February 24, 1870. 



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019 748 47Hj3^ 



